16851_Authority_Aug_2023

municipalauthorities.org | 59 Regulations EPA Proposed PFAS Limits for Drinking Water PMAA submitted comments to the Proposed PFAS National Primary Drinking Water Rulemaking on May 30, 2023. The rulemaking was extensive with over 5,000 pages of supporting documentation. PMAA comments included 18 points for EPA’s considera- tion. Overall PMAA agrees that the protection of human health and the environment is of paramount importance. However, our specific comments highlighted a number of concerns and issues for EPA to consider which ranged from basing the regulation on the latest and best available health and scientific data and information, request- ing EPA meet with DEP to address the issue of authorities meeting the mandates of Pennsylvania’s regulation before EPA’s PFAS regulation is finalized; therefore, spend- ing significant money to meet requirements that may no longer be applicable upon EPA’s final rulemaking. In addition, another concern is shifting the costs of PFAS contamination to passive receivers (municipal authorities), rather than PFAS pollut- ers, imposing significant costs on authorities and ratepayers which, at the same time, is contrary to EPA’s PFAS Strategic Roadmap (www.epa.gov/pfas/pfas-strategic-roadmap-epas-commitments-action-2021-2024 ). To view PMAA’s comments, please visit our website at municipalauthorities.org/Regulations. Background On March 14, 2023 EPA announced the proposed PFAS National Primary Drinking Water Regulation to establish legally enforceable levels, (MCLs), for six PFAS in drinking water. PFOA and PFOS as individual contaminants, and PFHxS, PFNA, PFBS, and HFPO-DA (commonly referred to as GenX Chemicals) as a PFAS mixture. EPA is also proposing health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these six PFAS. The proposed rule would also require public water systems to: • Monitor for these PFAS. • Notify the public of the levels of these PFAS. • Reduce the levels of these PFAS in drinking water if they exceed the proposed standards. The proposed PFAS proposed rule does not require any actions until it is finalized. EPA anticipates finalizing the regula- tion by the end of 2023. Possible Perchlorate Regulation A federal appeals court ruled that EPA must regulate perchlorate in drinking water, reversing EPA’s decision to not regulate it which was based on an EPA 2020 determination. This prompted a third-party appeal. The court ruled that EPA must regulate perchlorate-contaminated drinking water because the agency had found it poses a health risk. EPA will be required to issue a drinking water standard for this contaminant. EPA is reviewing the decision. Perchlorate is found in munitions, fireworks, matches, and signal flares. Per- chlorate from runoff contaminates drinking water. Revisions to Biosolids Permits – LBFC Study Released The Legislative Budget and Finance Committee (LBFC) on June 22, 2023 released its study pursuant to House Resolution 149 by Representative Rigby (Proposed Revisions to Biosolids Permits). The resolution, drafted by PMAA, directed the LBFC to study DEP’s proposed revisions to the general permits, PAG-07 and PAG-08, dealing with the land application of biosolids. Generally, in the report, the LBFC is recommending a more collaborative approach that focuses on updating the underly- ing regulations governing the beneficial use of biosolids and to fully engage stakeholders including legislative oversight as a more appropriate way to proceed to changing the DEP’s general permits. (Please see the following page for highlights of the study) . S G overnment R elations Continued from page 26.